Hi

File an application for interim relief (temporary injunction) in Supreme Court to put a stoppage on the activities of PSC or state government.

Providing judgement would require some more details and time.

Thank You

It is a serious error of concealment by the authorities by not informing the court when matter was subjudice. They can't take any decisions affecting the interested parties without informing the court. In your case if your orders are clear then you can move before same court fir contempt.

In Shankarsan Dash v.

Union of India : (1992)IILLJ18SC , a Constitution Bench of this Court held:

“7. It is not correct to say that if a number of vacancies are notified for

appointment and adequate number of candidates are found fit, the successful

candidates acquire an indefeasible right to be appointed which cannot be

legitimately denied. Ordinarily the notification merely amounts to an

invitation to qualified candidates to apply for recruitment and on their

selection they do not acquire any right to the post. Unless the relevant

recruitment rules so indicate, the State is under no legal duty to fill up all or

any of the vacancies. However, it does not mean that the State has the

licence of acting in an arbitrary manner. The decision not to fill up the

vacancies has to be taken bona fide for appropriate reasons. And if the

vacancies or any of them are filled up, the State is bound to respect the

comparative merit of the candidates, as reflected at the recruitment test, and

no discrimination can be permitted.”

A person does not acquire a legal right to be appointed only because his

name appears in the select list. [See Pitta Naveen Kumar and Ors. v. Raja

Narasaiah Zangiti and Ors. : (2006)10SCC261 ]. The state as an employer

has a right to fill up all the posts or not to fill them up. Unless a

discrimination is made in regard to the filling up of the vacancies or an

arbitrariness is committed, the concerned candidate will have no legal right

for obtaining a writ of or in the nature of mandamus. [See Batiarani Gramiya

Bank v. Pallab Kumar and Ors. : (2004)ILLJ184SC ]

It is improper for PSC and the State Govt to act in respect of subject-matter which is pending adjudication before the Hon'ble Apex Court.

Doing so violates the norm of 'non interference in sub judice matters'.

"""It is a cardinal principle that when a matter is pending before a Court of justice nothing should be done which might interfere with the free course of justice and any attempt on the part of any executive official, however high he may be, to prejudge the merits of a case and to usurp the functions of the Court which has got seisin of the case will be discountenanced as such a practice is fraught with immense danger.""""

Sukhdeo Thakur and Another v J. W. S. Atkin and Another-AIR 1964 PAT 368

I am sure there is no such decisison.

No court passes the actions illegal in a pending writ application unless there is a stay order.

Giving of appointment on condition of adhering to the final outcome of decisison of SC makes it more proper., other wise the functioning of the machinery of satte will collapse.

The state government can not take any action against the observation of the Supreme Court, the same will amount to contempt of the court.

Also, if the order of the court is that any new appointment shall be subject to the outcome of the writ then that does not mean that the state government can not take new recruitment.

In order to use share a copy of judgment, please share the copy of the judgment passed by the SC and then only we can do research and provide you an appropriate judgement.

facts presented herein are not sufficient to give an exact judgment.

Regards

There are man judgements but at this stage. You can move an application apprising the court in this regard and press for interim order to the concerned department not to take any decision in this regard.

If the matter is sub judice, then all the actions taken in between the course of proceedings shall be challenged as legally impermissible as the outcome of the court shall determine the key issues.

1. The mere pendency of the case does not preclude the government from making an appointment or taking decision if there is no stay order passed by the court. Unless there is a stay order from the court the government is free to act.

2. The appointments made, if any, can be subject to the final decision of the Supreme Court.

What is the language of order ?

AND what is the dispute ?

While appointments case is pending before supreme court and subject to final judgement , but before final judgement PSC and State government has taken many decisions without inform to court or get any prior permission from court.so our recruitment is sub judice. 1. is there any supporting judgments of supreme court not take any changes before final judgement .pls inform such judgement and case laws

Instead of looking for judgment and wasting your time, why dont you contact an advocate and file a writ against this grievance caused by PSC.

There are plenty of case laws in this regard, which your advocate will take care.

i need judgments of supreme court declares that take any actions or decisions is unlawful while recruitment case is pending before court , pls inform such judgments

You can engage the services ofc an advocate of this forum to get the information about the desired judgments